Gonsalves
Gonsalves v. Sunset Life Insurance Co. of America
Opinion
Opinion
Orrick, J.
MEMORANDUM DECISION AND ORDER
In - this diversity insurance action brought by plaintiff Linda Gonsalves (“Gonsalves”) against defendant Sunset Life Insurance Company of America (“Sunset”), the parties have filed cross-motions for summary judgment. For the reasons set forth hereinafter, Sunset’s motion is granted and Gonsalves’ motion is denied.
I.
A.
On or about June 8, 1983, Sunset issued life insurance policy No. U0010774 (“the policy”) to Michael J. Gygax (“Gygax”). (Hoffman Decl. Ex. 1 at D 00002.) The policy provided for death benefits in the amount of $500,000. (Id. at D 00003.)
Gygax and Gonsalves were married from 1987 to 1993. When Gygax and Gonsalves divorced, they resolved issues regarding their assets and debts by entering into a Marital Settlement Agreement and Property Settlement Agreement (jointly referred to as the “Settlement Agreement”) in October 1992. The Settlement Agreement provides that:
(Hoffman Decl. Ex. 10 at 000108.) The Court will refer to the six debts itemized referred to above as the “Secured Debts.”
On or about July 16, 1993, Gygax and Sunset entered into a Change of Beneficiary Agreement that provided, under the heading “Special…